Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only. | |
11-27-2010, 10:08 AM
|
#1 | Where's my RS Christmas Lobster?!
Join Date: Jun 2006 Location: Canada
Posts: 863
Thanked 487 Times in 111 Posts
| Offense idate and Conviction date, to which do points apply?
I searched and could not find my answer
When do points apply? The date you are convicted in court (assuming you disputed the ticket) or your offense date (the date you got the ticket)?
Someone is telling me offense date....but aren't you innocent until proven guilty? Then shouldn't you be charged with the points (and the fine) on the date of your hearing?
ICBC's website is no help either.
Thanks
|
| |
11-27-2010, 10:11 AM
|
#2 | Everyone wants a piece of R S...
Join Date: Aug 2003 Location: Canoe
Posts: 373
Thanked 31 Times in 10 Posts
|
the date you are convicted in court, or the date you pay the ticket, if you pay it (thereby pleading guilty)...or 30 days after the offence was committed, if you don't dispute or pay beforehand.
|
| |
11-27-2010, 10:19 AM
|
#3 | Where's my RS Christmas Lobster?!
Join Date: Jun 2006 Location: Canada
Posts: 863
Thanked 487 Times in 111 Posts
|
where is the source of that information?
I can't find it anywhere! thanks
EDIT: you are incorrect. I just called ICBC. The points are distributed ON THE OFFENSE DATE, if you lose the dispute. If the dispute date is out of your assessment period, they will do a 25month scan points.
Good information, things I didn't know.
Last edited by Nechako87; 11-27-2010 at 11:03 AM.
|
| |
11-27-2010, 11:24 AM
|
#4 | Where's my RS Christmas Lobster?!
Join Date: Jan 2010 Location: vancouver
Posts: 827
Thanked 184 Times in 106 Posts
|
Then you have been given incorrect info.
ICBC cannot see that you have had a ticket until a conviction has gone through. It is not processed within the ICBC system until then (meaning you either paid, lost in court, or went past 30 days w/out disputing).
They cannot distribute points for something they don't know about.
Points are given after a verdict has been given on said charges on the VT, and sent through the ICBC system for processing to put into a driver's record.
|
| |
11-27-2010, 12:14 PM
|
#5 | ninja edits your posts without your knowledge
Join Date: Jan 2004 Location: Vancouver
Posts: 14,957
Thanked 6,310 Times in 1,777 Posts
| Quote:
Originally Posted by Nechako87 where is the source of that information?
I can't find it anywhere! thanks
EDIT: you are incorrect. I just called ICBC. The points are distributed ON THE OFFENSE DATE, if you lose the dispute. If the dispute date is out of your assessment period, they will do a 25month scan points.
Good information, things I didn't know. | That's wrong.
Otherwise people will dispute a ticket/offence and just use the court date period as a grace period for free driving.
It doesn't make any sense.
Every one else's post so far is correct.
|
| |
11-27-2010, 12:25 PM
|
#6 | Where's my RS Christmas Lobster?!
Join Date: Jun 2006 Location: Canada
Posts: 863
Thanked 487 Times in 111 Posts
|
They said they backtrack the points to the DATE of the offense.
I called them and got this information, I cannot find anywhere in the MVA which states the otherwise.
I would like to side with you, but this is out of the horses's mouth
EDIT: CRS, re-reading your post....it sounds like you are agreeing with my post? Yes, if the points were distributed on the court date, then the driver could use the period from his offense to his court date as a "free driving' period? That's why the points are distributed on the offense date.
Last edited by Nechako87; 11-27-2010 at 12:31 PM.
|
| |
11-27-2010, 12:49 PM
|
#7 | ninja edits your posts without your knowledge
Join Date: Jan 2004 Location: Vancouver
Posts: 14,957
Thanked 6,310 Times in 1,777 Posts
| Quote:
Originally Posted by Nechako87 They said they backtrack the points to the DATE of the offense.
I called them and got this information, I cannot find anywhere in the MVA which states the otherwise.
I would like to side with you, but this is out of the horses's mouth
EDIT: CRS, re-reading your post....it sounds like you are agreeing with my post? Yes, if the points were distributed on the court date, then the driver could use the period from his offense to his court date as a "free driving' period? That's why the points are distributed on the offense date. | Not siding with you.
It is the day you are convicted that you start your penalty. This is true for all laws.
If you are accused of say committing murder, your sentencing starts the day you are convicted. Not the day you committed murder. Otherwise people who committed murder 20+ years ago can just admit it and get away scotch free.
Subsequently, you can apply the time you were in jail to your prison sentence. But at this point, I'm straying away from what I mean to say.
So again. It is NOT the offence date that matters. It is the day you are convicted/admit guilt/pay fine where you will start whatever penalty is subject to you.
The person who told you that information is most likely incorrect, misunderstood what you wanted to know, or poorly communicated the information to you.
|
| |
11-27-2010, 01:11 PM
|
#8 | Where's my RS Christmas Lobster?!
Join Date: Jun 2006 Location: Canada
Posts: 863
Thanked 487 Times in 111 Posts
|
I see, thanks for the explanation.
Do you think you can point me to where I can back that up? BC Laws doesn't explicitly say that anywhere, and although that concept is pretty cut+dry, I would like to see it in writing.
|
| |
11-27-2010, 10:43 PM
|
#9 | Banned (ABWS)
Join Date: Aug 2010 Location: Delta
Posts: 864
Thanked 47 Times in 36 Posts
|
im pretty sure icbc doesn't really care until after the court date because they let me take my class 5 with 4 tickets in dispute...
|
| |
11-27-2010, 11:24 PM
|
#10 | Where's my RS Christmas Lobster?!
Join Date: Jan 2010 Location: vancouver
Posts: 827
Thanked 184 Times in 106 Posts
|
call ICBC and ask them. Why do you need it in writing?
It's common knowledge.
|
| |
11-27-2010, 11:28 PM
|
#11 | RS controls my life!
Join Date: May 2005 Location: Canada
Posts: 743
Thanked 20 Times in 14 Posts
| Quote:
Originally Posted by BallPeenHammer2 call ICBC and ask them. Why do you need it in writing?
It's common knowledge. | he did, and was given incorrect information.
|
| |
11-27-2010, 11:46 PM
|
#12 | I *heart* Revscene.net very Muchie
Join Date: May 2001 Location: Burnaby, BC
Posts: 3,564
Thanked 330 Times in 163 Posts
|
IDK if he was given incorrect information or not... ICBC is pretty f'd in how they apply their own rules...
They could very well do it just as described... to screw you all over even more!
__________________
Don't be the next RS.net statistic - If you drink, don't drive. You'll lose your licence, and the rest of us will laugh at you.
|
| |
11-27-2010, 11:51 PM
|
#13 | Where's my RS Christmas Lobster?!
Join Date: Jun 2006 Location: Canada
Posts: 863
Thanked 487 Times in 111 Posts
| Quote:
Originally Posted by Bath Tussue he did, and was given incorrect information. | If it is incorrect information (I would like it to be), where would I look to prove to them that the date of conviction is the date of point distribution?
Lots of people say I'm wrong, but there is no where (that I found) in the MVA that state otherwise. Quote:
Originally Posted by jlenko IDK if he was given incorrect information or not... ICBC is pretty f'd in how they apply their own rules...
They could very well do it just as described... to screw you all over even more! | ICBC works in mysterious ways.....
|
| |
11-28-2010, 12:01 PM
|
#14 | Where's my RS Christmas Lobster?!
Join Date: Jan 2010 Location: vancouver
Posts: 827
Thanked 184 Times in 106 Posts
| Quote:
Originally Posted by Bath Tussue he did, and was given incorrect information. | what i meant (sorry, wasn't very clear), to ask icbc to see if they can direct him to somewhere where he CAN get the rules of points application in writing.
|
| |
11-28-2010, 12:02 PM
|
#15 | Where's my RS Christmas Lobster?!
Join Date: Jan 2010 Location: vancouver
Posts: 827
Thanked 184 Times in 106 Posts
|
i also don't believe u can find the answers in the MVA. The MVA don't have info on ICBC applies their own penalties (I think)
|
| | |
Posting Rules
| You may not post new threads You may not post replies You may not post attachments You may not edit your posts HTML code is Off | | | All times are GMT -8. The time now is 01:20 PM. |